How much does an eviction lawyer cost?
How much does an eviction lawyer cost?
$150 – $400 eviction lawyer cost per hour
$1,000 – $1,800 average total cost for uncontested eviction
Eviction lawyer cost
An eviction lawyer costs $150 to $400 per hour on average, depending on their experience, your location, and the case complexity. Some eviction attorneys charge a flat fee of $500 to $800+ for a routine uncontested eviction, with hourly rates for additional services or complicated cases.
The average total cost for an eviction is $1,000 to $1,800, including the cost of the lawyer plus court filing fees, process serving fees, and sheriff's department services. Lost rental income and property damages can add several thousands to that total.
| Factor | Average cost |
|---|---|
| Eviction lawyer | $150 – $400 per hour, or $500 – $800 flat fee |
| Court filing fees | $50 – $250 |
| Service of process fee | $30 – $100 per tenant |
| Sheriff's department services | $50 – $250 per tenant |
| Changing the locks | $80 – $200 each |
What affects the cost of an eviction?
The following factors impact the cost of hiring an eviction lawyer:
Location: Attorneys in large cities and areas with a higher cost of living typically charge higher rates for their services.
Attorney's experience & reputation: Attorneys with extensive experience handling eviction cases charge more than new attorneys. However, the higher cost may save you money in the end if they're able to use their knowledge and experience to resolve your case more efficiently.
Billing structure: Most eviction lawyers charge either a flat fee or an hourly rate:
Flat fee: Many landlord-tenant lawyers charge a $500 to $800+ flat fee for a routine uncontested eviction. This fee covers the case review, document preparation, and filing, serving notice to tenants, and advocating for you at the court hearing.
Hourly rate: Some lawyers charge $150 to $400 per hour instead of a flat fee. Lawyers usually charge an hourly rate for more complex cases, with fees billed by the tenth or quarter-hour.
Additional lawyer fees: Many lawyers charge extra for services like copying, faxing, expert witnesses, or additional legal research. Ask your lawyer which services their base fee includes and what extra fees you should expect.
Residential vs. commercial eviction: Residential evictions typically cost less than commercial evictions.
Case complexity: Legal fees are lowest for routine evictions where a tenant hasn't paid rent. More complex cases—such as if the tenant contests the eviction with claims of discrimination or failure to maintain the property—require more time and work from your lawyer, resulting in higher legal expenses.
The majority of tenants under eviction do not contest the eviction.
Additional eviction costs
In addition to the lawyer's fee, keep these other costs associated with the eviction process in mind:
Court filing fees: Your lawyer will draft the necessary paperwork, but you'll pay $50 to $250 in filing fees when submitting the documents to the court.
Serving fees: A process server charges $35 to $100 per tenant to deliver court documents to the tenants to serve notice that an eviction has been filed against them. This notice must be delivered by a certified private process server or authorized sheriff for the eviction to proceed.
Sheriff costs: You'll also need to pay the sheriff's department $50 to $250 per tenant for services like executing the Writ of Possession and removing the tenants from the property.
Changing the locks: After evicting a tenant, you'll want to replace the locks to ensure the former tenant can no longer access the property. Changing the locks costs $80 to $200.
Lost rent: Non-payment of rent is one of the most common reasons for eviction. The eviction process can result in a significant loss of rental income, depending on how long the case takes. In addition, many landlords are not able to recoup those funds from the evicted tenant.
Property damages: Disgruntled tenants may cause extra damage to the property after receiving notice of their eviction. You may need to pay for repairs for broken doors or windows or holes in the wall. You may also need to pay a higher fee for deep cleaning if the tenants leave the home especially filthy.
Storing the tenant's items: If the evicted tenant left their belongings behind, some states require you to hold the items for a specific period before you're allowed to dispose of them. Storing the items on the property prevents you from renting the home to a new tenant right away, while renting a storage unit costs $65 to $250 per month, depending on the size.
Finding a new tenant: You'll also face costs associated with finding a new tenant for your property, including marketing, screening prospective tenants, running background and credit checks, and setting up a new leasing contract.
Paying a lawyer to help you obtain a court judgment for past-due rent and damages increases the total cost. However, even if you win a financial judgment, the success rate for collecting that money from the evicted tenant is only around 17%.
Eviction lawyer FAQs
What kind of lawyer do I need for an eviction?
A landlord-tenant lawyer handles eviction cases. This type of lawyer represents landlords seeking to evict tenants who have violated the terms of the lease or failed to pay rent. They can also represent tenants who want to contest an eviction.
Should I get a lawyer for an eviction?
Eviction laws are complex, and it may be worth hiring an eviction lawyer to guide you through the process and improve your chances of a successful eviction. A landlord-tenant lawyer has the in-depth knowledge and experience to ensure you meet all the legal requirements, file the correct court documents, and properly notify the tenants.
A lawyer can also assist you if the tenant contests the eviction and can advise you on how to handle negotiations and disputes with the tenant.
Can you evict a tenant without going to court?
Eviction laws vary by state, but in most locations, landlords need a court order to evict a tenant. It is illegal for a landlord to take actions to evict a tenant personally, such as changing the locks or turning off the utilities, even if the tenant has violated the lease or not paid rent.
How to find the best eviction lawyer near you
Follow these tips to help you choose an eviction lawyer to handle your case:
Choose a lawyer who specializes in handling eviction cases.
Read reviews from previous clients on Lawful and Google.
Look for lawyers with a transparent fee structure.
Confirm which services their fee covers are what added costs you should expect.
Request a contract in writing.
Questions to ask an eviction attorney
Ask the eviction attorney these important questions to ensure you understand the process and the fees involved:
Do you specialize in evictions?
How many cases do you usually handle in a month?
Will you personally handle my case or will another attorney be involved?
What is your billing structure?
Do you offer a free initial consultation?
Which services are included in your fee?
What other costs should I expect?
How long will the eviction process take?
Will I need to appear in court?
What happens if the tenant contests the eviction?
Using our proprietary cost database, in-depth research, and collaboration with industry experts, we deliver accurate, up-to-date pricing and insights you can trust, every time.